First of all, Rick qualified his opinion from the get-go by noting it was applicable to California, only.
Second of all, he is CORRECT. If you are breaking a “speed” law, you are “speeding,” that is, going too fast. The language of the code section doesn’t talk about reckless driving. It talks about going faster than you are allowed. The fact that the definition doesn’t set a specific numerical limit doesn’t change the fac that you were going too fast, i.e., speeding.
Or, to put it another way: If I was to try and defend you on the basis that you were not “reckless” (that is, wanton or willful disregard of safety), I would be unsuccessful. However, I would be potentially successful in getting you off the hook for violation of the reckless driving statutes cited by Rick.
Yes, perhaps this is simply being definitional, but, frankly, that’s ALL the law is, usually. I, and I think most people, define “speeding” as “going too fast.” Violating §22350 means you were “going too fast,” i.e.: speeding.
To assert anything else is simply to refuse to face the facts of the unpleasant truth that you were not adequately informed about CA laws.
Telemark, and DSYoungESQ Thank you! I was begining to think I had signed on to some bizarro world SDMB where everything was backward.
One last question for those who still think that 22350 is not a speeding ticket.
Let’s say you were cited and payed the fine for a violation of 22350. Then a year later went to change your auto insurance.
When the question on the app comes up "Have you had any traffic tickets in the last 3 years you answer yes.
The agent then asks What was the ticket for?
You reply It was a _________ ticket.
Please fill in the blank.
I would probably want to emphasize that I wasn’t breaking an objective law but a subjective one where the officer made a judgement call, so I would respond with “it was a ticket for driving unsafe for conditions”.
The website for the city of Pasadena that I linked to above, has “Driving Too Slow” under the bolded “Basic Speed Laws”. Does that make a ticket for driving too slow a speeding ticket, in your opinion?
No for the simple reason that you are not being cited under a City of Pasadena code section, you are being cited under CVC.
22350 says nothing about driving too slow for conditions.
Need some more straw?
I don’t understand your arguement. The website I linked to is a government website and it says that you can get a ticket for driving too slow, and that is listed under “basic speed laws”. Using your earlier arguement, a ticket for driving too slow would be considered a speeding ticket.
Well, I’ve had this conversation and I said “It was a ticket for exceeding the speed limit”. But I don’t even know what we’re arguing about anymore, I do call them ‘speeding tickets’, but my argument all along is that even though there are several things called speeding tickets in California there can be a case made that some of them are fundamnetally different from others… This whole reason is silly because simply some people view all tickets as the same, some people view tickets in two categories points and no points, and some people, like me and some of my friends (and I assume others as well) view tickets in two categories administrative and safety.
Just like getting a ticket for parking on a hill without curbing your wheels properly is a ‘parking ticket’ and having an expired meter is a ‘parking ticket’ but they are two completely different animals. Just like fines and taxes are both fees paid to the government but for some reason people insist on making a distinction, right? Well, to me tickets for expired meters, carpool lanes and exceeding the speed limit are ‘taxes’ and tickets for excessive speed, unsafe parking and tailgating ‘fines’.
Rick, I generally agree with the spirit of your argument, but since this discussion has now come down to mere semantics, I’ve got to disagree here. I believe Section 22350 absolutely covers driving too slow for conditions:
The bolded portion seems to be an incredibly broad statement that covers inappropriate speed, period. I don’t see why this wouldn’t include driving too slowly as well as excessive speed.
Even more specifically according to California Vehicle Code Section 22400 (here)
Which is a subjective call about not only safety but also prudence of your speed. There is nothing here about speed limits so you can theoretically get cited for driving too slowly even if you are going faster than the speed limit. It is very unlikely, but it is possible.
If you are cited for going too slowly, you are not speeding.
I amend my prior comments to change the assertion that "if you are breaking a speed law you are ‘speeding’ " to comply with my much more cogent assertion later in my post that if you are cited for going “too fast” you are “speeding.” I trust that meets with everyone’s approval?
Getting back to the OP, I’ve been told by someone who drove trucks for a living that the yellow advisory signs are primarily advice for truck drivers. You’ll often see these signs preceding curves in the road; obviously the mass of the truck requires more time to slow down, and too much speed on a curve can make a large vehicle tip over.
Actually, here’s a better cite. The NJ Driver Handbook describes such signs as advisory, and adds “When the maximum safe speed around a curve or turn is lower than the posted speed limit, an advisory speed sign is usued with the proper warning sign.” Interpret that as you will.
starts writing on the board
I will not attempt research and post BEFORE getting coffee.
I will not attempt research and post BEFORE getting coffee.
I will not attempt research and post BEFORE getting coffee.
I will not attempt research and post BEFORE getting coffee.
I will not attempt research and post BEFORE getting coffee.
